h2oshore

My fiance (now wife) came in on a k1 visa a couple of weeks ago. We are sending the adjustment of status papers off with a 1-131 Application to Travel included.

We understand the she has the right to leave the country once the 1-131 is approved but does anyone know if it is a problem being gone for as long as 3-4 months?

The reason will be work related as she has a project to complete before leaving her home job permanently.

Any input would be appreciated.

Thanks for the replies.

We will go ahead and get things mailed off and hope for a quick turn around. If things drag on we will follow Dan's advice and make an interview appointment.

If anyone has any further thoughts, please put them here.

Thanks again.

Kevin

My fiance arrived here a couple of weeks ago. Now we have been married and are preparing the necessary adjustment of status papers to send. She needs to return home for 2-3 months at the end of December.

We were told overseas and at immigration at the POE, that travel was not a big issue, just send in a request.

Today I talked to someone at USCIS and she indicated that if we sent the 1-131 with our adjustment of status papers it would likely be a very long time before we received approval (5-9 months).

She did not recommend sending the 1-131 separately with the hope of a speedier approval.

She said that if my wife wanted to leave before the end of the year she would need to stay in her home country for at least 6 months, in which case she could file with the consulate there.

This made little sense to me.

Can anybody help us?

Thank you.

She will probably have to spend some time converting her qualifications for the US. So if she can get that started asap when she arrives, you might find that she's not sitting around too long before her EAD comes through

Yes, of course she needs to pass a stateside nursing test which she will probably have done when she arrives.

I think there is no clear answer except that perhaps her EAD may come through without much delay.

Otherwise I think she will have to go through the same process as everyone else even though there is an RN shortage.

Fair enough I suppose.

Thanks for the feedback.

My fiance is an RN with years of experience including some study in the USA (is fluent) and is a college instructor in her home country.

I'm thinking there must be a way to avoid the many months needed to get a work permit to begin work as the nursing shortage is so well known.

Any ideas. Her POE will be Seattle.

h2oshore,

Insufficient information leads to inappropriate responses. (Note: public hangings were intended not only to prevent the victim from continuing to commit crimes, but were also tended to dissuade the spectators from commiting crimes. Although some spectators never get the message.)

I think that your girlfriend or finacee, whichever you chose to call her, may have a very good chance of getting another B2 visa to the USA if the purpose of her visit is to accompany you on a visit. In your situation her ties to you can work for her rather than against her because you have ties to Thailand. Be sure to present them as compelling ties that will require you to return - will you have a contract with the school where you teach for the session starting in June 2007? Or will you be returning to Thailand in June 2007 for a period of relaxation while waiting out the visa process?

Caveat: you've written a bit about the woman's past, you still have not mentioned her present circumstances.

Yodak

Yodrak, sorry about the lack of information in the beginning.

Mmmm, again I wonder if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

I work in Thailand as a teacher and I usually spend April and May in the States taking care of a couple of houses I have. If she spent April and May with me in the States as a tourist then we would likely apply for a K1 not too long after returning and would then go to the States in the fall (or whenever the K1 visa was ready) to marry and spend perhaps a year. Then perhaps we would return to Thailand or perhaps we would stay in the States longer.

The point is for me is I don't see the complication with applying for the K1 shortly after her being in the States on a tourist visa. Just seems to me it looks like one is being cautious before making an important decision.

Again, thanks for the time.

Yodak, if she applies for a tourist visa my girlfriend would return to her college to teach when she returns in May as she has before and I would probably return to my job in Bangkok. I suppose it is a good idea to have something showing that I am in fact returning to work though I'm not sure it will be all that important as it's her that they want to be sure will return to Thailand. since she has been a teacher at the same college for 15 years and will show evidence that she is just taking a temporary leave would suffice I presume.

But I would like to ask again if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

Thanks again for your input. Perhaps I will contact the lawyer you recommended for a consultation before making a final decision.

h2oshore,

This has been an interesting thread. Your first post is typically short on information, understandably causing responders to assume a typical situation and respond with typical answers. Then revelations are made, incrementally, post by post, that begin to indicate that your situation may not be so typical after all.

Questions:

- what is your situation in Thailand?

- can you outline your short (next 6 months or so) and longer-term (for about 2-5 years out) plans for both yourself and for you and your fiance(e) as a couple?

I sense that you have a situation that would benefit from a discussion with an immigration professional who has a good deal of experience with the consular section in Bangkok and has a good sense for what might 'fly' there and what might not. You might wish to call Bill White, a US immigration attorney practicing in Bangkok, for a consultation and discuss with him the answers to the 2 questions that I have asked you here in this post. He can give you better advice appropriate to your specific situation, than can people here on VJ.

White & White Ltd.

U.S. Immigration Consultancy

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone 66 (0) 2231-6466

WFWlaw@aol.com

I'm an American currently in Bangkok. I am getting ready to send my initial 129-f to the Nebraska office. We want to buy airline tickets leaving Bangkok in March but we are afraid that her fiance visa will not be complete by that time. Can she go ahead and apply for a tourist visa for a two month visit to the States so that she will be able to come visit even if the K[1] visa isn't ready? Of course she would not be trying to stay in the States if she came on a tourist visa.

Can anybody help?

Thanks

Read the last sentence of my post again.

zyggy,

I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue.

The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous.

Yodrak

But did your girlfriend say that she had a fiance when she applied for her tourist visas? Did she say her purpose for going to America was to accompany her fiance to America? That is the critical question.

Looking forward to your answer and thanks for the time and trouble writing!!!!

Yodrak

Yodrak, sorry about the lack of information in the beginning.

Mmmm, again I wonder if your girfriend (wife) answered that she had a fiance when she applied for a tourist visa.

I work in Thailand as a teacher and I usually spend April and May in the States taking care of a couple of houses I have. If she spent April and May with me in the States as a tourist then we would likely apply for a K1 not too long after returning and would then go to the States in the fall (or whenever the K1 visa was ready) to marry and spend perhaps a year. Then perhaps we would return to Thailand or perhaps we would stay in the States longer.

The point is for me is I don't see the complication with applying for the K1 shortly after her being in the States on a tourist visa. Just seems to me it looks like one is being cautious before making an important decision.

Again, thanks for the time.

zyggy,

I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue.

The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous.

Yodrak

Agreed... it would be very difficult to get a tourist visa with a K1 in process.. but as they say.. you can't win if you don't play and it costs $100 to play... Remember that you MUST divulge your fiancee relationship on the DS-156, even if you haven't filed the I-129F. If you don't, it could bring a permanent ban for misrepresentation when you apply for a K-1.

.....

But did your girlfriend say that she had a fiance when she applied for her tourist visas? Did she say her purpose for going to America was to accompany her fiance to America? That is the critical question.

Looking forward to your answer and thanks for the time and trouble writing!!!!

Of course I meant to say K1 visa on my origianal post, not K3 visa.

There is and will be no petition pending. If she applies for a tourist visa then we would delay the K1 process until after she returns to Thailand. So when it comes to the tourist visa I don't see why the Consulate would have any doubt about her returning to Thailand as she has on previous visits to the USA, and of course she would return to Thailand and we would not begin the K1 process until after her return to Thailand.

So I"m not sure why there would be any problem with this approach. Why would anyone care that she had been a tourist to America shortly before she returned to Thailand and applied for a K1 visa to imigrate to the USA. Seems to me that her numerous visits to America (and to me while there) would only illustrate that she has thought carefully about her choices before we applied for a K1.

This was not what you posted in your original question... you implied that you would be filing for a K1 and while that was in progress, attempt to obtain a tourist visa, which I agree would would most likely be denied.

However, if you do not file for the K1 yet, or even if you file while she is here, AND assuming she is eligble and brings evidence of ties to Thailand, there will likely be no problem with her coming to visit.

Jen

*edited for spelling

You're forgetting that the DS-156 specifically asks if an alien has a Fiancee relationship with a USC... Even if the I-129F is not filed.. how is she going to answer that question...

Are you prepared if you answer No what the reprocussions would be when she subsequently goes in for the K1 and they ask why she answered No when she go the tourist visa and is now saying that she does have a USC fiancee.... how is she going to adress this discrepancy...

I wasn't aware of the DS-156 fiancee relationship question. She would be honest and say yes. Perhaps that would put the tourist visa approval in doubt. I would be betting on her job position in Thailand and her history of visits to America would help her still get approval but perhaps no. Has anybody gone through this situation? The bottom line is she would not lie and say she has no fiance relationship to get a tourist visa.

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

The problem is that your SO is from Thailand. You haven't listed her specifics so I'll assume the worst. It will be very difficult for you to get a visitor visa for her. Highly unlikely. If she was from the UK or France, it would be different, but from Thailand, highly unlikely.

The first thing you'll learn from this process is that your schedule means absolutely nothing. It's great you want to be in the states together from March - May to get married, but the US government could care less about your scheduling. In time, you'll learn to bend over backwards to cater to their schedule, not the other way around.

Good luck with the visitor visa application. Please let us know if you succeed.

Lots of food for thought here. My fiance's backround is excellent. She has been a college instructor in Thailand for 15 years and she has done some graduate studies in the US and even helped teach a summer course at UCSF. So I presume (could be wrong of course) getting a tourist visa would not be a huge hurdle. We also have a well documented 5 year relationship with nothing to hide. Just trying to do what's best for our schedule but if there is a risk of creating a problem then of course our schedule will be changed. Just trying to get some feedback, if you have any more thoughts we would really appreciate them.

Thanks again

Obviously she is qualified to receive a tourist visa, but the problem would be that there is a petition pending. She has already expressed a desire to immigrate to the US. The Consulate would know this, and it would be very doubtful that they would give her a tourist visa without iron-clad evidence of her intent to return. Kinda hard to show in this case.

Of course I meant to say K1 visa on my origianal post, not K3 visa.

There is and will be no petition pending. If she applies for a tourist visa then we would delay the K1 process until after she returns to Thailand. So when it comes to the tourist visa I don't see why the Consulate would have any doubt about her returning to Thailand as she has on previous visits to the USA, and of course she would return to Thailand and we would not begin the K1 process until after her return to Thailand.

So I"m not sure why there would be any problem with this approach. Why would anyone care that she had been a tourist to America shortly before she returned to Thailand and applied for a K1 visa to imigrate to the USA. Seems to me that her numerous visits to America (and to me while there) would only illustrate that she has thought carefully about her choices before we applied for a K1.

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

The problem is that your SO is from Thailand. You haven't listed her specifics so I'll assume the worst. It will be very difficult for you to get a visitor visa for her. Highly unlikely. If she was from the UK or France, it would be different, but from Thailand, highly unlikely.

The first thing you'll learn from this process is that your schedule means absolutely nothing. It's great you want to be in the states together from March - May to get married, but the US government could care less about your scheduling. In time, you'll learn to bend over backwards to cater to their schedule, not the other way around.

Good luck with the visitor visa application. Please let us know if you succeed.

Lots of food for thought here. My fiance's backround is excellent. She has been a college instructor in Thailand for 15 years and she has done some graduate studies in the US and even helped teach a summer course at UCSF. So I presume (could be wrong of course) getting a tourist visa would not be a huge hurdle. We also have a well documented 5 year relationship with nothing to hide. Just trying to do what's best for our schedule but if there is a risk of creating a problem then of course our schedule will be changed. Just trying to get some feedback, if you have any more thoughts we would really appreciate them.

Thanks again

Hey there

Well, my fiancee and I pondered this forever..thought about it..then made some calls and checked into it. She called the immigration people at the airport and they said that once she's in the 129F application (has a WAC# or NOA1), then its thought her travel on a visitor visa would not be allowed.

I read on the Immigration site that says all immigration offices believe everyone is intending to immigrate to the USA permanently..and its up to the people coming in who have to prove their true intentions..

soo..since you're targeting march..if you file now..you might make it..sorry but it takes forever..the fiancee visa..we're lookin at Oct after applying in May....we're approved. She's waiting on the embassy interview. Once that happens, she has the green light to come..!

hope that helps..

mike

Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.

Thanks again

I'm an American currently in Bangkok. I am getting ready to send my initial 129-f to the Nebraska office. We want to buy airline tickets leaving Bangkok in March but we are afraid that her fiance visa will not be complete by that time. Can she go ahead and apply for a tourist visa for a two month visit to the States so that she will be able to come visit even if the K3 visa isn't ready? Of course she would not be trying to stay in the States if she came on a tourist visa.

Can anybody help?

Thanks

Are my posts on ignore?

Please see my last post. I qualified my I-864 on assets, including my primary residence.

PS: the asset conversion is now 3X, not 5X.

Didn't mean to overlook what you said. Seems like your experiance confirms my impression that I have no worries. Especially taking into account the 3x conversion.

Thanks for your feedback. This forum is really helpful. I'm feeling confident I can go through the K1 process without paying a lawyer. I'll just check, recheck and check everything again at every step.

Perhaps I'll talk to a lawyer like the one recommended above for any lingering questions or doubts rather than handing over $1000 to someone to do everything.

Sorry to keep harping...

The scenario I describe applies not to a K-1 visa, but an immigrant visa. If you read the Guide "What is DCF and Why Do I Care?" you'll immediately see the benefits to marrying there now, and applying for the 'right' visa while you are both still abroad.

The I-134 for K visas does not have the asset provision discussed here, only the I-864 for immigrant visas does.

Don't worry about harping, I appreciate it. The Guide you refer to does seem to show the benefit of marrying here in Thailand. However I get mixed advice about that. As my assets and proof of such assets and such are in the States I'm told to just go there and file. Also keep in mind that we are not in a hurry.

As to the lack an asset provision for the K visas (1-134), that's new to me. I understand at the moment that the asset provision is fine for a K visa.

As we are talking about assets here...

which information should be enough to show bonds and stocks as assets?

Just a copy of the account information with name and total value is enough?

rlt,

I used a couple of hard copy printouts I had from my investment accounts with updates printed from the website to show current value.

Are my posts on ignore?

Please see my last post. I qualified my I-864 on assets, including my primary residence.

PS: the asset conversion is now 3X, not 5X.

Didn't mean to overlook what you said. Seems like your experiance confirms my impression that I have no worries. Especially taking into account the 3x conversion.

Thanks for your feedback. This forum is really helpful. I'm feeling confident I can go through the K1 process without paying a lawyer. I'll just check, recheck and check everything again at every step.

Perhaps I'll talk to a lawyer like the one recommended above for any lingering questions or doubts rather than handing over $1000 to someone to do everything.

I made peanuts in SE too:

I got married in VN and still had a sponsor to be safe.

Your situation:

You need to do research on the Aff. of Support requirements, and do you have official proper verification for those assests (be safe than sorry)

Finally, the most difficult thing for me, was adjusting back to normal/ boring western world. It's easier with your girl in tow.

Good Luck

ps: no gov't coup here; just "W"

Thanks for the reply. My Fiance has excellent English and has spent two recent summers studying in the USA at UCSF and USD. But of course she will have to pass a nursing test (NCLEX) before being able to work as an RN in the USA.

I just found this guide which says that assets can be used in place of income using the following guideline.

• You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

This would seem to put me on easy street but I don't know if this information is current and valid.

Does anybody know?

I have been working overseas for peanuts so my income is below whats needed to bring my fiance home with me on a K1 visa.

I would like to avoid asking someone to be a sponsor and I wonder if my savings and equity will qualify me despite a low income. Do they make exceptions?

I have more than $500,000 in real estate equity and $43,000 in the bank. Plus my fiance is an RN and has been a college instructor for 14 years (hardly a high risk for welfare).

Anybody have an answer?